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12 Feb 2018, 2:48 am
” [29] “[I]t is neither necessary nor appropriate to treat Caparo Industries v Dickman [1990] 2 AC 605 as requiring the application of its familiar three-stage examination afresh to every action brought. [read post]
9 Feb 2018, 8:37 pm
When Ed Blum brought Evenwel v. [read post]
9 Feb 2018, 8:37 pm
When Ed Blum brought Evenwel v. [read post]
2 Feb 2018, 5:51 am
Ace European Group Ltd., No. 17-cv-5579 (D. [read post]
2 Feb 2018, 5:51 am
Ace European Group Ltd., No. 17-cv-5579 (D. [read post]
25 Jan 2018, 9:00 pm
Trump celebrated his 365th day as president of the United States. [read post]
25 Jan 2018, 4:00 am
In Liberty Counsel, Inc. v. [read post]
23 Jan 2018, 3:57 am
The decisions so far On the first issue, the courts below were necessarily bound by the principle espoused by the House of Lords in R v Bancoult (no 2) [2009] 1 AC 453: that declarations of application attach not to the land which is contained in the territory of the signatory state, but instead to the ‘political entities’ about which the declaration is made; with the result that a declaration lapses whenever a ‘new political entity’ is formed. [read post]
22 Jan 2018, 4:18 pm
” The district court also stated that the evidence failed to “conclusively” sever the link between the alleged misstatements and Goldman Sachs’s stock price. [read post]
22 Jan 2018, 4:11 pm
Forum non conveniens The Claimant relied on EU case law (Owusu v Jackson (C-281/2002) and Maletic v lastminute.com GmbH (C-478-12)) to argue that the court was precluded from considering forum non conveniens issues. [read post]
21 Jan 2018, 3:15 am
NT1 v Google LLC [2018] EWHC 67 (QB) (18 January 2018) https://t.co/gfCZCY9xKn 2018-01-19 Piracy used to be file-sharing. [read post]
16 Jan 2018, 5:05 am
The Supreme Court in Halliburton II reaffirmed the Basic v. [read post]
10 Jan 2018, 6:18 pm
La gran víctima de la audiencia del día de hoy ha sido la verdad. [read post]
2 Jan 2018, 3:03 am
Estate of Calderwood v ACE Group International LLC, __ AD3d __, 2017 NY Slip Op 08750 [1st Dept Dec. 14, 2017], involving a Delaware LLC in which the court held that the operating agreement’s provisions limiting the rights of the deceased member’s estate precluded the estate’s claim to full membership rights under Delaware statutory law. [read post]
29 Dec 2017, 7:34 am
In the UK in FAPL v BT [2017] Mr Justice Arnold concluded that the High Court has the jurisdiction to make an order against an access provider that would require the ISP to block access not to a website but rather streaming servers giving unauthorised access to copyright content - 'live' blocking. [read post]
26 Dec 2017, 3:34 am
Kapnick issued a scholarly decision for a unanimous panel of the Appellate Division, First Department in Estate of Calderwood v ACE Group Int’l, LLC, 2017 NY Slip Op 08750 [1st Dept Dec. 14, 2017]. [read post]
21 Dec 2017, 4:10 am
As Lord Carnwath concluded after his illuminating discussion of the standard required of planning reasons (at paras 35-42), the question will be “whether the information so provided by the authority leaves room for ‘genuine doubt … as to what (it) has decided and why’” (at para 42, citing Sir Thomas Bingham MR in Clarke Homes Ltd v Secretary of State for the Environment (1993) 66 P & CR 263). [read post]
21 Dec 2017, 2:57 am
Following Société Eram Shipping Co Ltd v Cie Internationale de Navigation [2003] UKHL 30; [2004] 1 AC 260, this was fatal to the granting of third party debt orders. [read post]
13 Dec 2017, 9:36 am
Ltd. v XL Insurance (Bermuda) Ltd. and ACE Bermuda Insurance Ltd., [2013] EWHC 349 (Comm) AstraZeneca Insurance Co. [read post]
13 Dec 2017, 9:36 am
Ltd. v XL Insurance (Bermuda) Ltd. and ACE Bermuda Insurance Ltd., [2013] EWHC 349 (Comm) AstraZeneca Insurance Co. [read post]